Legal Question in Family Law in California
Three years ago I moved from CA to CO with my daughter. Her father gave us permission to move and never contested the move. However, he did not want to get the court involved, so i don't have an amendment to our existing court order approving the move. I recently applied for child support modification and he now is suing me for custody. Another issue is that our daughter is 16 and doesn't want to have to visit him. He has been verbally abusive to her during visits and via text messages and email. Can he force her to visit? Will I have a problem with the court because i moved without amending the court order? He has only facillitated visitation 3 times in 3 years. Also, will i have to go to court in CA?
2 Answers from Attorneys
Since you have been living in CO for 3 years, UCCJEA custody jurisdiction provisions may apply. Please consult with an attorney in Colorado.
UCCJEA jurisdiction provisions DO apply. California has jurisdiction. If your ex moved out of CA you would have a right under the UCCJEA to have jurisdiction transferred to CO. Since he still lives in CA, you cannot force a change of jurisdiction out of CA. You made a BIG mistake not formalizing your move with the courts. The only good news is that he has had 3 years to object to the move, which pretty much proves his consent even without any other evidence of it and the fact that he has only shown interest in the custody issue when you sought support modification is pretty clear evidence of retaliatory motive. The bottom line, though, is that you are going to have to deal with this in California and you will need a lawyer to deal with it.
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